Professor Saikrishna Bangalore Prakash's Response: Why the Incompatibility Clause Applies to the Office of President
Abstract
This article is part of a four-part Professor Steven G. Calabresi-Tillman exchange on PENNumbra, and a three-part Professor Saikrishna Bangalore Prakash-Tillman exchange on the Duke Journal of Constitutional Law and Public Policy and on DJCLPP Sidebar.
Both sets of articles deal with Senate-Presidential incompatibility under Article I, Section 6, Clause 2 – the Ineligibility Clause (a/k/a the Emoluments Clause) and the Incompatibility Clause.
The Professor Saikrishna Bangalore Prakash-Tillman series appears at …
Tillman’s opening appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1099355), and on BEPRESS (http://works.bepress.com/seth_barrett_tillman/63/).
Professor Saikrishna Bangalore Prakash's response appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1557164) and at http://tinyurl.com/5kyrsa.
Tillman’s reply is yet to be drafted and posted.
This article is Professor Prakash's response.
Additionally, the related Professor Steven G. Calabresi-Tillman series appears at: Seth Barrett Tillman & Steven G. Calabresi, Debate, The Great Divorce: The Current Understanding of Separation of Powers and the Original Meaning of the Incompatibility Clause, 157 U. PA. L. REV. PENNUMBRA 134 (2008), http://www.pennumbra.com/debates/pdfs/GreatDivorce.pdf.
Tillman’s opening appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1292359), and on BEPRESS (http://works.bepress.com/seth_barrett_tillman/98/.)
Professor Steven G. Calabresi's rebuttal appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1294671).
Tillman’s closing statement or reply appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1292334), and on BEPRESS (http://works.bepress.com/seth_barrett_tillman/91/).
Professor Steven G. Calabresi's closing statement appears on SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1294671).
The Calabresi-Tillman exchange appears below under "Related Files". Professor Prakash's response in the Prakash-Tillman exchange can be reached through the links at "Suggested Citation".
[September 28, 2010]
Suggested Citation
Saikrishna Bangalore Prakash, Response, Why the Incompatibility Clause Applies to the Office of President, 4 Duke J. Const. L. & Pub. Pol’y 143 (2009), available at http://tinyurl.com/yglucrc; 4 Duke J. Const. L. & Pub. Pol'y Sidebar 35 (2008), available at http://tinyurl.com/yasefj4, also available at http://works.bepress.com/seth_barrett_tillman/92/.
PENNumbra Professor Calabresi-Tillman exchange
Prakash.Cite.List.doc (22 kB)
Citation List to Professor Prakash's Why the Incompatibility Clause Applies to the Office of President